Marcial Mejia v. Brownsville Independent School District

• Court: Court of Appeals of Texas
• Decided: December 13, 2007
• Docket: 13-07-00546-CV
• Status: Published

Opinion

NUMBER 13-07-00546-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_____________________________________________________________

MARCIAL MEJIA, Appellant,

v.

BROWNSVILLE INDEPENDENT SCHOOL DISTRICT, Appellee.

____________________________________________________________

On appeal from the 107th District Court

of Cameron County, Texas.

___________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

Currently pending before the Court is a motion to dismiss this appeal for lack of jurisdiction. Appellee, Brownsville Independent School District, contends that appellant, Marcial Mejia, failed to timely perfect appeal in this matter. Appellant has failed to file a response to this motion.

A full and final summary judgment in this cause was rendered against appellant, Marcial Mejia, on April 26, 2007. Appellant filed a timely motion for new trial on May 11, 2007, which was overruled by operation of law on July 11, 2007. The trial court entered an order denying the motion for new trial on August 23, 2007. Appellant filed his notice of appeal on September 7, 2007, seeking to appeal the order signed on August 23, 2007.

Given that appellant filed a timely motion for new trial, appellant's notice of appeal was due within ninety days after the judgment was signed, or July 25, 2007. Tex. R. App. P. 26.1(a). Appellant filed the notice of appeal on September 7, 2007, forty-one days after the deadline to file it. See id. Appellant failed to file a timely motion to extend the time for filing the notice of appeal. See id. 26.3.

The Court, having examined and fully considered the motion to dismiss, the documents on file, appellant's failure to timely perfect his appeal, and appellant's failure to respond to appellee's motion to dismiss, is of the opinion that the appeal should be dismissed for want of jurisdiction. Accordingly, motion to dismiss is GRANTED and the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See Tex. R. App. P. 42.3(a)(c). Pending motions, if any, are likewise DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 13th day of December, 2007.